New Study Materials for Naturalization Exam

USCIS has released new study materials for the English portion of the naturalization exam.

Civics Flashcards in Spanish

USCIS has introduced new civics flashcards in Spanish!


Civics cards are used to prepare for the civics exam administered during a naturalization interview. While applicants must demonstrate a basic knowledge of English, studying in Spanish may be helpful as an aide to comprehending and retaining the information contained in the study materials.

Newly-Published Guide to Naturalization

USCIS released an updated "Guide to Naturalization", published December 2011, discussing eligibility requirements, each step in the process, frequently asked questions and who to turn to if applicants have additional questions.

The public should bear in mind that this publication cannot substitute for the advice of an experienced immigration lawyer.

Options for Naturalization Applicants Who Have Been Outside the United States for One Year or More

To be eligible to apply for U.S. citizenship, you must meet several requirements. This article discusses two of those requirements – continuous residence and physical presence – and how being outside the United States for one year or more can delay your ability to meet the requirements for U.S. citizenship.

To apply for U.S. citizenship, you must have your green card and either be married to a U.S. citizen for the past three years or have otherwise been a lawful permanent resident (green card holder) for at least 5 years.

First, you must have resided continuously in the United States for that entire time period (3 or 5 years). A trip outside the United States of one year or more “breaks” continuous residence. Under U.S. immigration laws, you must then wait four years and one day from your return to the United States, following the trip in excess of one year, before you can apply for U.S. Citizenship.

Second, you must be physically present in the United States for at least half of the 5 years (or 3 years if you are basing your application on marriage to a U.S. citizen). For example, if your application is based on having been a green card holder for 5 years, you must have been physically present in the United States for 2.5 years. So it is possible that each and all of your trips may be under one year, but in the aggregate total more than 2.5 years outside the United States.

What can you do? Here are some tips and exceptions.

1. Wait four years and one day (or 2 years and one day if applying based on 3 years of marriage to a U.S. citizen) following the date of your return to the United States to resume lawful permanent residence.
2. In certain circumstances, you can file Form N-470, Application to Preserve Residence for Naturalization Purposes. You must be employed by or under contract with the U.S. government abroad, an American Institution of Research, a U.S. firm or corporation engaged in the development of U.S. foreign trade and commerce, a public international organization of which the U.S. is a member by treaty or statute (and by which the applicant was not employed prior to becoming an LPR), or if you are someone who performs religious duties for a religious organization having a bona fide organization in the U.S.,
3. Discuss with your attorney if you are an employee of a bona fide U.S. incorporated nonprofit organization which is principally engaged in conducting abroad through communications media the dissemination of information which significantly promotes U.S. interests abroad, and have held such position for the last 5 years while a Lawful Permanent Resident,
4. Discuss with your attorney if you served honorably in the U.S. armed forces for at least one year, or you are the spouse or child of a U.S. military member who, during a period of honorable service, died while on active duty.

There are more requirements to apply for U.S. citizenship, including domicile for three months in the jurisdiction where you intend to file your application, good moral character, and your ability to answer U.S. Civics questions and read and write English. USCIS adjudicates naturalization applications thoroughly, including an examination of how the green card was obtained, and legal representation may be essential in your case. The process should not be taken lightly because you could be placed in removal proceedings in the event the application is denied.

English & Citizenship Classes

Hogar Immigrant Services (part of Catholic Charities) offers English and Citizenship classes. Fall registration is from August 1-3 from 10 am to 12 pm and 6 pm - 8 pm.

Classes are held Monday through Thursday in the morning or in the evening.

The cost is $115 for the semester and includes textbooks.

Hogar Immigrant Services is located at 6201 Leesburg Pike, Suite 307, Falls Church, VA, 22044. For more information, please call Hogar Immigrant Services at (703) 534-9805 Ext. 222.

New Citizenship Toolkit

USCIS has unveiled a Civics and Citizenship toolkit which consists of a collection of civics and citizenship resources for immigrants and the organizations that serve them.

You have the opportunity to explore the toolkit on the website and view the contents. Unfortunately the toolkit is only available to organizations. Individuals can either purchase the materials directly or receive free study materials if you retain the Law Office of Amy A. Long, PLLC to assist with your naturalization legal matters.

Naturalization Based on Three-Years of Marriage

You’ve had your green card for three years and you’re married to a U.S. Citizen. Now is the time to file your naturalization application, right?

Not so fast. There are a number of eligibility requirements that applicants must meet before applying to naturalize. When applying based on 3 years of marriage to a U.S. citizen, the applicant must have been living with their U.S. citizen spouse for the three years preceding the date of filing the citizenship application. Specifically the couple must have been living in marital union, defined in the regulation as actually residing with each other. The burden is on the applicant to prove that his or her marital union satisfies this requirement.

If the couple divorces, a party dies, or the U.S. citizen spouse expatriates, then the applicant can no longer naturalize based on three years of marriage to a U.S. citizen. So what happens to an applicant who is separated but not divorced? The determining factor is whether or not the separation signifies dissolution of the marital union. Legal separations and some informal separations will serve to dissolve marital unity thus making the applicant ineligible to naturalize based on 3 years of marriage. Involuntary separation, such as that which occurs when one spouse is deployed in the course of service in the U.S. Armed Forces, does not dissolve marital unity.

This immigration benefit permitting a green card holder to apply for U.S. citizenship after 3 years if the applicant is married to a U.S. citizen is governed by 8 C.F.R. 319.1(a)(3) and Immigration and Nationality Act section 319(a). The U.S. citizen spouse must have been a U.S. citizen for the entire 3 years. If the relationship doesn’t work out, marriage to another U.S. citizen will not serve as a substitute for purposes applying for this benefit.

What can you do if you no longer qualify for this benefit? You can submit your naturalization application after you have had your green card for five years. USCIS should not penalize you in the event that you had applied after 3 years and were deemed ineligible for this reason (or you withdrew your application after discovering you were no longer eligible for the 3 year benefit). However, keep in mind that every application to USCIS gives the agency a new opportunity to dig into your immigration history. Should you have an irregularity in your past then you should see an immigration lawyer who can advise you on whether or not to proceed.